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Cantwell v. Connecticut, 310 U.S. 296 (1940) stands as the first case in which the Supreme Court applied First Amendment freedom of religion rights to the states via the due process clause of the Fourteenth Amendment.
Newton Cantwell, a
Jehovahās Witness, and his sons had canvassed individuals in New Haven, Connecticut, without first obtaining a
permit.
Jehovah's Witness man convicted after door-to-door preaching
The state charged Cantwell and his sons with a number of offenses including soliciting without a permit and inciting breach of the peace. Cantwellās conviction of the latter charge stemmed from an incident in which he had approached two Roman Catholics and played a record denouncing their church.
The Court ruled in Cantwellās favor.
Writing for a unanimous Supreme Court, Justice Owen Roberts observed that the First Amendment āembraces two concepts, ā freedom to believe and freedom to act. . . . The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society.ā
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Clearly you cannot have a democracy if you cannot exchange ideas with people.
Originally we had the right of a soapbox in the park, but that no longer exists and new means of expressing beliefs in public are essential.